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Will I Have to Go to Court for My Personal Injury Case?

Will I Have to Go to Court for My Personal Injury Case?

Most personal injury claims end in a settlement before they go to court. Most cases are not all, though. What happens in those cases that do need to go to court to reach a conclusion, and will your case take you there, too?

Your case might reach an out-of-court settlement if:

  • Strong evidence shows you were not liable, so the opposing insurance company thinks they will most likely lose and waste money on attorney fees and court costs if your claim goes to litigation.
  • Your requested settlement amount is reasonable and not steep enough to make it worth risking court and attorney fees to challenge it.
  • You are offered a settlement that you and your attorney agree meets your needs and that probably would not be much higher if you prevailed in court.
  • Either party wants to keep details of the case confidential, which is not possible if it goes to court.

Your case might go to court if:

  • You are only offered lowball settlement amounts if any are offered at all.
  • The defending insurance company is confident that they have a high chance of winning in court.
  • You need a significant amount of money – six figures or more in most cases – that prompts the insurance company to put a fight no matter what.

Pros & Cons of Going to Court

Courtroom litigation has a reputation for being frustrating and something to avoid. But don’t pre-decide how you feel about litigation until you talk to your attorney about it. There are advantages to going to court that you should know about.

Pros of going to court:

  • Judge or jury could award the plaintiff much more than they ever would have gotten in a settlement.
  • Case outcomes can set legal precedence for other plaintiffs in similar situations in the future.
  • Taking a case to court can expose a defendant’s egregious wrongdoing to the public, which could lead to corrective actions elsewhere.

Cons of going to court:

  • You could lose your case in court, even if you have what seems like extremely convincing evidence of liability and damages.
  • Courtroom litigation usually takes much longer to conclude than a case that settles – it could be a year or longer to bring a case to court, but a settlement might be reached in a matter of months.
  • Courtroom awards can be capped by the law, whereas settlements can be in any amount that both sides deem fair.
  • Documents produced by the court are public records, which could be damaging for the plaintiff.

Going to Court in Mississippi? Call Us

If you have a personal injury case that might end up in court, then count on ‘Maggio | Thompson, LLP in Jackson to assist you. We are capable of carefully negotiating fair settlements that reflect the damages you need to recover, but we can also go head-to-head with insurance companies in court. Whatever option makes the most sense for your situation is what we want to do.

Call (601) 265-6869 or contact us online for a free consultation.

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